February 5, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2);

91.417(a)&(b)

Dear Sir or Madam,

I, Henry Valencia am writing pursuant to the FAA Modernization and Reform Act of 2012 and 

the procedures contained within 14 C.F.R. 11, to request that I, Henry Valencia an owner and

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that I, Henry Valencia, may operate my small ultra light weight

unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation

Administration (“FAA”).

As described herein I, Henry Valencia, am an aerial photographer within the State of California;

Experienced in flying hobby Multirotors. I have added the DJI Phantom 3 UAS to my inventory

with intent for aerial videography/cinematography to enhance academic community awareness

for those individuals and companies unfamiliar with the geographical layout of California area

specifically Southern California, and augment real estate listing videos; following exemption and

approval by the FAA.

I have flown small Multirotors for over 2 years and I have been involved in Radio Controlled 

Aircrafts community for over 25 years. I have been strictly operating within the FAA published 

Advisory Circular (AC) 91-57 guidelines and also a member of the Academy of Model 

Aeronautics (AMA).

I, Henry Valencia, have personally instilled safety protocols and controls to avoid and prevent 

public
hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols

exclusive to lightweight UAS's specific to real estate video and photography usage as I, Henry

Valencia, record flight data and other information gained through permitted flight operations to

share with the FAA through any required FAA reports to assist with future protocol and safety

regulation. This data can be logged with the DJI Pilot app.

Granting my, Henry Valencia's, request comports with the Secretary of Transportation’s (FAA

Administrator’s) responsibilities and authority to not only integrate UAS's into the national

airspace system, but to “...establish requirements for the safe operation of such aircraft systems

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the

use of UAS's for real estate/Realtor purposes. Further I, Henry Valencia, will conduct my

operations in compliance with the protocols described herein or as otherwise established by the

FAA.

For the reasons stated below I, Henry Valencia, respectfully request the grant of an exemption

allowing me to operate ultra-light weight, remote controlled UAS’s for academic community

awareness to benefit/stimulate attraction to the Southern California area and to enhance real

estate listing videos for homeowners who cannot afford expensive manned aircraft for the same

purpose. Both of which will promote local economic growth through increased employment and

increased tax base. Both with public safety in mind by keeping heavier manned aircraft

containing combustible fuel that that poses potential public hazard.

I. Contact Information:

Henry Valencia

14614 Demanda Road

La Mirada Ca, 90638

Telephone: (562) 900-4106

Email: hvalencia1@msn.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Henry

Valencia Requests Exemptions are:

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).
III. The Extent of relief Henry Valencia seeks and the Reason He Seeks Such Relief:

I, Henry Valencia, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331- 334, seeking relief from any currently applicable FARs operating to prevent me, Henry

Valencia, contemplated commercial cinematic, academic and other flight operations within the

national airspace system. The Reform Act in Section 332 provides for such integration of civil

unmanned aircraft systems into our national airspace system as it is in the public’s interest to do 

so. My, Henry Valencia, ultra-light weight UAS meets the definition of “small unmanned aircraft”

as defined in Section 331 and therefore the integration of my ultra-light weight UAS is expressly

contemplated by the Reform Act. I would like to operate my ultra-light weight UAS prior to the

time period by which the Reform Act requires the FAA to promulgate rules governing such craft.

Thereby, providing direct experience and valuable information for formal regulation that can be

administered uniformly to all real estate related UAS aerial video and photography. The Reform

Act guides the Secretary in determining the types of UAS's that may operate safely in our

national airspace system. Considerations include: The weight, size, speed and overall

capabilities of the UAS's; whether the UAS will be operated near airports or heavily populated

areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of

these items reflects in favor of an exemption for me, Henry Valencia. My UAS utilizes four (4)

counter-rotating propellers for balance, control and stability. My UAS is equipped with GPS and

auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55

pound limit); including camera with gimbal.

I, Henry Valencia, consider safety as foremost with each flight. My small unmanned aircraft is

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For

safety, stability and fear of financial loss I will not fly in winds exceeding 16 mph (10 mph). Built

in safety systems include a GPS mode that allows my UAS to hover in place when radio

controls are released. With three modes to choose from, I utilize the Smart Mode for aerial

videography/photography. This is the safest, most reliable and stable mode to prevent accident

and hazard. When pilot communication is lost UAS is designed slowly descend to point of takeoff. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate

near areas where general public is within fifty to one hundred (50-100) yards depending on

location, conditions and weather. I am constantly on alert for any manned aircraft

(Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and

safest ground point should a manned aircraft approach my location or I suspect manned aircraft

may approach near my location. My UAS is capable of vertical and horizontal operations, and

are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power

rather than combustible fuels, flights generally last between three (3) to seven (7) minutes, with

an altitude under one hundred fifty (150) feet. I, Henry Valencia, utilize a fresh fully charged

battery with each flight as a safety precaution; full flight time limit for each battery is nine (9) to

twelve (12) minutes as tested. I do not operate my UAS at or below manufacture recommend

minimum charge levels for operation; preferring to remain well within a safe operating range to

insure adequate communication between radio control and UAS to eliminate potential for crash,

loss of control or hazard. Reserve batteries are at hand with each exercise to insure 

replacement for sufficient safe level of operation. I do not believe in taking risk that may cause

a crash, which could create hazard to the public/property/manned aircraft, and have no desire 

to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist

simulating flights for future commercial use to gain familiarization with the characteristics of this 

specific UAS's performance under different temperature and weather conditions. I also practice

computerized simulated flights to maintain adequate skills and response reflex time. All for the

sake of safety.

I, Henry Valencia, am extremely cautious when operating of my UAS/ultra-light weight unmanned
aircraft and will not “create a hazard to users of the national airspace system or the public.” 112

P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s

contemplated safety zone when it promulgated the Reform Act and the corresponding directive

to integrate UAS's into the national airspace system. Henry Valencia's UAS, used in hobby 

flight, has a demonstrable safety record and does not pose any threat to the general public or 

national security.

IV. How Henry Valencia's Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been around

for a long time through manned fixed wing aircraft and helicopters. For small budget real estate

companies and average homeowners the expense of such aerial videography is cost prohibitive.

Only large companies and high end Realtors or luxury homeowners can afford to absorb such

expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable

marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash

that the Southern California community has experienced in the past with military aircraft and

medical helicopter crashes within the areas of Southern California. Each resulting in loss of life.

Each with combustible fuel that exploded and burned on impact. Police helicopters have made

emergency hard landings within city limits. My, Henry Valencia's, UAS pose no such threat since

size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially

flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting

my, Henry Valencia’s, exemption request furthers the public interest through academic/visual

awareness of the geographical benefits in and around the Southern California area. My ultralight weight UAS is battery powered and creates no emissions that can harm the environment.

The consequence of my ultra-light weight UAS crashing is far less than a full size helicopter or

fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic

devastation to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial

Video/photo captures through my battery operated ultra-light weight UAS's. Permitting me,

Henry Valencia, to immediately fly within national air space furthers economic growth. Granting

my exemption request substantially furthers the economic impact for the Southern California

community for companies looking to relocate or build in the area as well as individuals looking

to relocate for career advancement through academic and geographical awareness. Both of

which serve as a stimulus to the community.

V. Reasons Why Henry Valencia’s Exemption Will Not Adversely Affect Safety Or

How The Exemption Will Provide a Level of Safety At Least Equal to Existing Rule:

My, Henry Valencia’s, exemption will not adversely affect safety. Quite the contrary, for the

reasons stated permitting me, Henry Valencia, to log more flight time in FAA controlled

airspace, with communication with the FAA, will allow me to contribute to the innovation and

implementation of new and novel, as of yet undiscovered safety protocols for Realtors that can 

be embraced by the National Association of Realtors, and California Association of Realtors for

development in cooperation with the FAA. In addition I, Henry Valencia, submit the following

representations of enhancements to current aerial videography and photography for real estate:

 My UAS weighs less than 5 pounds complete with a small ultra-light weight high quality
 I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by

the FAA Modernization and Reform Act of 2012);

 My UAS only operate for 3-7 minutes per flight; I land my UAS prior to manufacturer

recommended minimum level of battery power;

 I pilot my UAS through remote control only by line of sight;

 My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

 I actively analyze flight data and other sources of information to constantly update and

enhance safety protocols;

 I only operate in reasonably safe environment that are strictly controlled, are away from

power lines, elevated lights, airports and actively populated areas;

 I conduct extensive pre-flight inspections and protocol, during which safety carries

primary importance;

 I always obtains all necessary permissions prior to operation; and,

 I have procedures in place to abort flights in the event of safety breaches or potential

danger.

My, Henry Valencia’s, safety protocols provide a level of safety equal to or exceeding existing

rules. It is important to note that absent the integration of commercial UAS into our national

airspace system, helicopters are the primary means of aerial video and photography for

community awareness and real estate. While the safety record of such helicopters is

remarkably astounding, there has been local incident involving loss of life as well as extensive

property damage; it is far safer to operate a battery powered ultra-light weight UAS.

 First, the potential loss of life is diminished because UAS's carry no people on board and

I only operate my UAS in specific areas away from mass populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or explosions is

greatly diminished.

 Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot

away from and avoid hazards quickly and safely.

 Lastly, given its small size and weight, even when close enough to capture amazing

images, my UAS need not be so close to the objects they are focused on through the

technology and use of post editing software allowing pan and zoom.

Accordingly, my UAS has been experimentally operated for familiarization/competency and will

continue to operate at and above current safety levels.

VI. A Summary the FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size,

weight and enclosed operational area of my, Henry Valencia’s, UAS permits exemption from

Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section

333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness 

certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas
such as airports and dense populations. My, Henry Valencia’s, current and projected UAS's

meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board

pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas

of where safety can be defined.10 The FAA has previously issued exemptions to this regulation

in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes

electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level

of safety will be achieved by maintaining any such required certifications and registrations by

me, Henry Valencia

14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is

difficult to place on such small aircraft with dimensions smaller that minimal lettering

requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the 

word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or

anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial

operations. Further, while helpful, a pilot license will not ensure remote control piloting skills.

The risks attended to the operation of my UAS is far less than the risk levels inherent in the

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Henry Valencia, to

operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) &

(b).

14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at

an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Henry Valencia, will

however operate my UAS in safe areas away from public and traffic, providing a level of safety

at least equivalent to or below those in relation to minimum safe altitudes. Given the size,

weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be
achieved.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to

“have [the] aircraft inspected as prescribed in subpart E of this part and shall between required

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to my, Henry Valencia's, UAS. However, as a safety precaution I inspect my

UAS before and after each flight.

A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91:

Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of

my UAS permits exemption from Part 21 because my, Henry Valencia’s, UAS meets an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. §

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to

exempt UAS's from the airworthiness certificate requirement in consideration of the weight,

size, speed, maneuverability and proximity to areas such as airports and dense populations. My 

UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an 

aircraft without an airworthiness certificate. As no such certificate will be applicable in the form

contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an 

aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of 

the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a manual. The FAA has previously issued exemptions to this regulation in

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program 

that involves regular software updates and curative measures for any damaged hardware.

Therefore, an equivalent level of safety will be achieved.

In summary, Henry Valencia seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a);

14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14

C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a);

14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R.

§§ 91.417 (a) & (b) to commercially operate my, Henry Valencia’s, small unmanned

vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate

operations, and to develop economic platforms for real estate to enhance the experience of

those seeking to relocate to the Southern California area. Currently, area awareness and real

estate aerial videography/photography relies primarily on the use of larger aircraft running on

combustible fuel. Posing potential risk to the public. Granting my, Henry Valencia’s, request for

exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not

contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional

real estate video and photographic aircraft with much less flight time. Further, I operate at lower

altitudes and in controlled airspace eliminating potential public risk flying to and from established

air fields.

I, Henry Valencia, have been informally analyzing flight information and will compile safety

protocols
and the implementation of a flight operations manual for real estate usage that exceeds

currently accepted means and methods for safe flight. Formal collection of information shared

with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the

FAA Modernization and Reform Act of 2012. There are no personnel on board my, Henry

Valencia's, UAS and therefore the likelihood of death or serious bodily injury is significantly

diminished. My, Henry Valencia’s, operation of my UAS, weighing less than 5 pounds and

travelling at lower speeds within limited areas will provide an equivalent level of safety as that

achieved under current FARs. Accordingly I, Henry Valencia, respectfully request that the FAA

grant my exemption request and am willing to cooperate in sharing information to benefit the

FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Henry Valencia

14614 Demanda Road

La Mirada CA, 90638